Washington D.C. Marijuana Law

Updated October 06, 2025

*Legal Disclaimer

Current Status: Legalized

In 1998, voters passed Initiative 59 to establish a medical marijuana program in Washington D.C., however, after being blocked by congress, the first dispensary was not opened until 2013. On November 4, 2014, voters approved Initiative 71 to legalize the possession and cultivation of marijuana for personal recreational use. Shortly after the passage of Initiative 71, congress passed the Harris Rider, which forbids D. C. from using tax dollars to tax, regulate, or permit commercial recreational sales - leading to whats known as a "gifting economy". In addition to this gifting market, Washington D.C. also has a medical marijuana program in place.

Public Consumption Laws

While the possession and cultivation of marijuana is legal in Washington D.C., public consumption is still prohibited. This means that individuals cannot smoke or consume marijuana in public spaces such as parks, sidewalks, or restaurants. Violators can face fines up to $100 for the first offense.

Cannabis DUI Laws

In Washington D.C., driving under the influence of marijuana is still illegal. This means that individuals cannot operate a vehicle while under the influence of marijuana, regardless of whether they have a medical marijuana card or not.

Cultivation Laws

Individuals who are 21 years or older are allowed to grow up to six marijuana plants in their homes, with a maximum of three being mature at any given time. However, landlords have the right to prohibit their tenants from growing marijuana on their property.

Possession Laws

Individuals who are 21 years or older are legally allowed to possess up to two ounces of marijuana for personal use. Possession of more than two ounces is still considered a criminal offense and can result in fines and potential jail time.

Brief Legislative History

• In 1998, voters passed Initiative 59 to establish a medical marijuana program in Washington D.C.
• In 1998, congress passed the Barr Amendment which prohibited Washington, D.C. from using any local or federal funds to implement its voter-approved medical marijuana initiative. This ban was not lifted until 2009.
• In 2010, the D.C. Council passed the Legalization of Marijuana for Medical Treatment Amendment Act, setting up the official legal and regulatory structure for the state medical marijuana program.
• In 2013, the District's first medical cannabis dispensaries officially opened and began selling to patients
• In 2014, Initiative 71 was approved by Washington D.C. voters to legalize the possession and cultivation of marijuana for personal use.
• In 2014, the Harris Rider succeeded in barring DC from spending funds to establish a regulated commercial market.
• In 2016, a ballot initiative to fully legalize and regulate marijuana sales failed to pass in Washington D.C..

*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.